Rittle v. Premium Receivables, LLC

Filing 43

ORDER: 1. The Report and Recommendation of the magistrate judge 41 isADOPTED.2. Pursuant to Fed. R. Civ. P. 23(c)(1), the Court certifies this action as aclass action pursuant to Fed. R. Civ. P. 23(b)(3) and, in accordance withFed. R. Civ. P. 23(c)(1)(B). See order for details.Signed by Honorable Sylvia H. Rambo on 9/13/16. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DENNIS RITTLE, on behalf of himself and all :
others similarly situated,
:
Plaintiff,
:
:
v.
:
:
PREMIUM RECEIVABLES, LLC d/b/a
:
PREMIUM ASSET SERVICES,
:
Defendant.
:

Civil No.: 1:15-cv-0166
(Judge Rambo)
(Magistrate Judge Arbuckle)

Preliminary Approval Order

The Court, having considered the Report of the Magistrate Judge on the
Parties’ motion for preliminary approval, hereby grants preliminary approval to the
Class Settlement Agreement (“Agreement”) between Plaintiff, Dennis Rittle
(“Plaintiff”), individually and as representative of the class of persons defined
below (“Settlement Class”), and Defendant, Premium Receivables, LLC d/b/a
Premium Asset Services (“Premium”).
WHEREFORE, with respect to certifying this action as a class action for
settlement purposes, the Court finds:
A. The Settlement Class is so numerous that joinder of all members is
impracticable;
B. There are questions of law and fact common to the proposed
Settlement Class;
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C. The individual claims of Plaintiff are typical of the claims of the
Settlement Class;
D. Plaintiff is an appropriate and adequate representative for the
Settlement Class;
E. The questions of law and fact common to the Settlement Class
predominate over any questions affecting only individual
members;
F. A class action is superior to other methods for fairly and efficiently
settling this controversy;
G. With respect to the appointment of Settlement Class Counsel under
Fed. R. Civ. P. 23(g), the Court finds, after consideration of the
factors described in Fed. R. Civ. P. 23(g)(1)(A), Plaintiff’s counsel,
Andrew T. Thomasson and Craig Thor Kimmel, will fairly and
adequately represent the interests of the Settlement Class;
H. With respect to the proposed Agreement, after consideration of the
Agreement attached as Exhibit A to the Motion, the Court makes
the preliminary finding, subject to a final hearing, that the
proposed settlement is fair, reasonable, and adequate; and
I. The Court being duly advised in the premises,
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IT IS HEREBY ORDERED:
1. The Report and Recommendation of the magistrate judge (Doc. 41) is
ADOPTED.
2. Pursuant to Fed. R. Civ. P. 23(c)(1), the Court certifies this action as a
class action pursuant to Fed. R. Civ. P. 23(b)(3) and, in accordance with
Fed. R. Civ. P. 23(c)(1)(B):
(a) defines the “Settlement Class” as:
All consumers with addresses in the Commonwealth of Pennsylvania
to whom Premium mailed an initial written communication, which
failed to inform consumers they must (i) dispute the debt in writing to obtain
verification, and/or (ii) make a request in writing to obtain information
regarding the name and address of the original creditor, during the period
beginning January 23, 2014, and ending February 13, 2015.
(b) defines the “Class Claims” as those claims arising from Premium’s
collection letter attached as Exhibit A to Plaintiff’s Complaint in this
action [Doc. 1] wherein Premium mailed consumers initial written
collection communications, which failed to inform consumers they must
(i) dispute the debt in writing to obtain verification, and/or (ii) make a
request in writing to obtain information regarding the name and
address of the original creditor, and which allegedly violates 15
U.S.C. §§1692g(a)(4) and 1692g(a)(5);
(c) appoints Plaintiff as the Class Representative;
(d) appoints Plaintiff’s counsel, Andrew T. Thomasson and Craig Thor
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Kimmel, as Class Counsel; and
(e) appoints Heffler Claims Group as the Settlement Administrator to
administer notice to the class and the settlement.
3. The Court approves the Parties’ proposed Class Notice and directs that it be
mailed to the last known address of the Settlement Class Members as shown
in Premium’s business records. Plaintiff will cause the Class Notice to be
mailed to Settlement Class members on or before September 27, 2016.
Plaintiff will have the notice sent by any form of U.S. Mail providing
forwarding addresses.
4. The Court finds that mailing of the Class Notice is the only notice required
and such notice satisfies the requirements of due process under the Federal
Rules of Civil Procedure, including Rule 23, the United States Constitution,
and other applicable laws.
5. Settlement Class members shall have until November 11, 2016, to
exclude themselves from the proposed settlement. Any Settlement Class
members desiring to exclude themselves from the settlement must serve
copies of their request on the Settlement Administrator by that date.
6. Any Settlement Class members who wish to object to the proposed
Settlement must submit in writing to the Clerk of the United States District
Court for the Middle District of Pennsylvania, and serve copies of the
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objection on the Settlement Administrator by Settlement Class members
shall have until November 11, 2016.
All objections must be in writing and personally signed by the Settlement
Class Member and include: (1) the objector’s name, address, telephone
number, and the last four digits of their Social Security Number; (2) a
sentence stating that to the best of his or her knowledge s/he is a member of
the Settlement Class; (3) the name and number of the case: Rittle v.
Premium Receivables, LLC d/b/a Premium Asset Services, Case No. 1:15cv-00166-SES ; (4) the factual basis and legal grounds for the objection to
the Settlement; (5) the identity of any witnesses whom the objector may call
to testify at the Final Fairness Hearing; and (6) copies of any exhibits the
objector may seek to offer into evidence at the Final Fairness Hearing. The
objection must indicate whether the Settlement Class Member and/or their
lawyer(s) intend to appear at the Final Fairness Hearing. Any lawyer who
intends to appear at the Final Fairness Hearing also must enter a written
Notice of Appearance of Counsel with the Clerk of the Court no later than
November 21, 2016, and shall include the full caption and case number
of each previous class action case in which that lawyer(s) has represented an
objector.

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7. To be effective, any request for exclusion or objection must be postmarked
by November 11, 2016.
8. If not already filed, Premium shall file with the Court proof of compliance
with the notice requirements of the Class Action Fairness Act of 2005, 28
U.S.C. § 1715(b).
9. A final hearing on the fairness and reasonableness of the Agreement and
whether final approval shall be given to it and the requests for fees and
expenses by Class Counsel will be held on November 28, 2016, at 9:30 a.m.
in Courtroom # 3, before Magistrate Judge William Arbuckle in the Ronald
Regan Federal Building and U. S. Courthouse, 228 Walnut Street,
Harrisburg, Pennsylvania.
SO ORDERED.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: September 13, 2016

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